There are still effects, but they are not serious enough to be harmful.

If no changes are made within the validity period of the trademark, the trademark will be regarded as the company automatically giving up the exclusive rights of the right holder, which will lead to the trademark being revoked. The Trademark Law of the People's Republic of China was adopted at the 24th Session of the Standing Committee of the Fifth National People's Congress on August 23, 1982; in accordance with the "About Amendments" of the Fourth Session of the Standing Committee of the Twelfth National People's Congress on August 30, 2013 "Decision of the Trademark Law of the People's Republic of China" was revised for the third time.

The "Trademark Law" is divided into general provisions, application for trademark registration, review and approval of trademark registration, renewal, change, transfer and use license of registered trademarks, declaration of invalidity of registered trademarks, management of trademark use, Protection of exclusive rights to registered trademarks, Supplementary Article 73, came into effect on March 1, 1983.

The "Trademark Management Regulations" promulgated by the State Council on April 10, 1963 shall be terminated; other provisions related to trademark management that conflict with this law shall be invalid at the same time. Trademarks registered before the implementation of this law will continue to be valid.

Decision of the Standing Committee of the National People's Congress on Amending the Trademark Law of the People's Republic of China

(The 12th National People's Congress on August 30, 2013 Adopted at the 4th meeting of the Standing Committee)

The 4th meeting of the Standing Committee of the 12th National People’s Congress decided to amend the Trademark Law of the People’s Republic of China as follows:

1. Merge the first and second paragraphs of Article 4 and amend it to read: “Natural persons, legal persons or other organizations that need to obtain the exclusive right to use a trademark for their goods or services in production and business activities shall report to the Trademark Office Apply for trademark registration. ”

2. Amend Article 6 to read: “Products that are required to use registered trademarks under laws and administrative regulations must apply for trademark registration, and may not be sold in the market without approval of registration. ”

3. Add a paragraph to Article 7 as the first paragraph: “Application for registration and use of trademarks shall be based on the principle of good faith”

4. Add Article 8. The article is modified to read: “Any mark that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, etc., as well as combinations of the above elements, are Can apply for registration as a trademark."

5. Amend the first to third items of Article 10 to read: "(1) The same country name and national flag as the People's Republic of China. , the national emblem, national anthem, military flag, military emblem, military anthem, medals, etc. are the same or similar, and are the same as the name or logo of a central state agency, the name of a specific location where it is located, or the name or graphics of a landmark building;

6. Modify “merely” in the second item of paragraph 1 of Article 11 to “only”

Amend the third item of paragraph 1 to: “(3) Other deficiencies. Distinctive characteristics. ”

7. Add a paragraph to Article 13 as the first paragraph: “If the holder of a trademark that is well-known to the relevant public believes that his or her rights have been infringed upon, he may request a trademark in accordance with the provisions of this Law.” Well-known trademark protection. ”

8. Amend Article 14 to read: “Well-known trademarks shall be determined at the request of the parties as facts that need to be determined in handling trademark cases.” The following factors should be considered when determining a well-known trademark:

“(1) The degree of awareness of the trademark by the relevant public;

“(2) The duration of use of the trademark;

"(3) The duration, extent and geographical scope of any publicity work for the trademark;

"(4) The record of the trademark being protected as a well-known trademark;

"(5) Other factors that make the trademark famous.

9. Add a paragraph to Article 15 as the second paragraph: "A trademark applied for registration for the same kind of goods or similar goods is the same as that of others. If the previously used unregistered trademark is identical or similar, and the applicant has a contract, business relationship or other relationship with the other person other than those specified in the preceding paragraph and is fully aware of the existence of the other person's trademark, and the other person raises an objection, the registration shall not be granted.

”

10. Amend Article 18 to read: “When applying for trademark registration or handling other trademark matters, you can handle it yourself, or you can entrust a trademark agency established in accordance with the law to handle it.

“Foreigners or foreign enterprises who apply for trademark registration and handle other trademark matters in China shall entrust a trademark agency established in accordance with the law to handle it.”

11. Add an article as Article 19: “Trademark agencies shall abide by the principle of good faith, abide by laws and administrative regulations, and handle trademark registration applications or other trademark matters as entrusted by the agent; the agent’s business secrets learned during the agency process shall be Obliged to maintain confidentiality.